Case T-5/09: Action brought on 2 January 2009 — Lind v Commission
Date: 2009-01-02
Institutions: Court of First Instance
Subjects: European Commission, Greenland, action for annulment (EU), adoption of a law by vote, damages, liability of the State, public health, transport accident

21.3.2009

EN

Official Journal of the European Union

C 69/45

Action brought on 2 January 2009 — Lind v Commission

case of workers, including the applicant's brother, involved in a
nuclear accident in Thule, Greenland.

(Case T-5/09)

(2009/C 69/99)

Language of the case: English

(1) European Parliament report of 20 April 2007 on the public health
crash (Petition 720/2002)

the 1968 Thule

consequences of
[2006/2012(INI)].

(2) OJ L 159, p. 1.

Parties

Applicant: Brigit Lind (Greve, Denmark)
Anderson, advocate)

(represented by:

I.

Defendant: Commission of the European Communities

Form of order sought

— order the Commission to pay to the applicant, individually,
the sum of 50 000 EUR, or such other sum as the Court
for shock and distress
may consider just and equitable,
suffering and
experienced by her
wrongful death as result of the Commission's capricious and
unlawful refusal to enforce the implementation of medical
monitoring provisions of Directive 96/29 in the case of the
former workers who participated in the radiological emer-
gency at Thule;

from her brother's

for pain and suffering,

— order the Commission to pay to the estate of John Erling
Nochen, as
the sum of
represented by the applicant,
250 000 EUR, or such other sum as the Court may consider
just and equitable,
including the
awareness of the curtailment of life, from 2006 until his
death in 2008, as result of the Commission's capricious and
unlawful refusal to enforce the implementation of medical
monitoring provisions of Directive 96/29 in the case of the
former workers who participated in the radiological emer-
gency at Thule and the sum of 6 000 EUR, for funeral
expenses;

— order the Commission to pay reasonable legal costs and
in bringing the

disbursements incurred by the applicant
present proceedings.

Pleas in law and main arguments

In the present case, the applicant is bringing an action for non-
contractual liability arising from the damages she claims to have
incurred from her brother's death allegedly caused by illegal
refusal by the Commission to comply with plenary resolution of
the European Parliament (1) and to enforce the application by
Denmark of the provisions of Council Directive 96/29/Euratom
of 13 May 1996 laying down basic safety standards for the
protection of
the health of workers and the general public
against the dangers arising from ionizing radiation (2) to the

Action brought on 12 January 2009 — Hansen v
Commission

(Case T-6/09)

(2009/C 69/100)

Language of the case: English

Parties

Applicant: Bent Hansen (Aarslev, Denmark) (represented by: I.
Anderson, advocate)

Defendant: Commission of the European Communities

Form of order sought

— order the Commission to pay to the applicant the sum of
800 000 EUR or such other sum as the Court may consider
just and equitable for past, present and future pain, suffering
life from serious
the enjoyment of
and diminution of
impairments to his health resulting from the Commission's
capricious and unlawful refusal to enforce the implementa-
tion of medical monitoring of Directive 96/26 for radiation
related illnesses and conditions in the case of former Thule
workers;

— order

the Commission to pay to the applicant or
the
medical treating facilities or care givers, the future costs of
medical treatments and medications to alleviate and/or treat
his impaired health, referred to in the first claim above,
which are not available to him through the socialized
medical system of his Member State;

— order the Commission to pay reasonable legal costs and
in bringing the

disbursements incurred by the applicant
present proceedings.